Walsh v Archi Lab Pty Ltd [2023] NSWCATCD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Walsh v Archi Lab Pty Ltd [2023] NSWCATCD 67 Hearing dates: 8 March 2023 Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. Archi Lab Pty Ltd must pay Danny Walsh and Kelly Walsh $101,355.00 immediately. 2. HB 23/02116 is dismissed. 3. In the event that a party wishes to bring a costs application, such application must be lodged in the Tribunal and served on/given to the costs respondent within 14 days of the date of the orders in these proceedings either attaching or referring to the documents relied upon in support of the application. 4. The costs respondent will have 14 days after the date it or they receive the application to lodge in the Tribunal and serve on/give to the costs applicant its or their submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 5. The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing. 6. Subject to the parties' submissions, the Tribunal will determine any costs application made on the basis of the papers lodged in the Tribunal. Catchwords: BUILDING and CONSTRUCTION – Repudiation -Damages for late completion – Prevention - Quantum meruit. Legislation Cited: Home Building Act 1989 Cases Cited: DB Homes Australia Pty Limited v Kes [2019] NSWCATAP 221 Eddy Lau Constructions Pty Ltd v Transdevelopment Enterprise Pty Ltd [2004] NSWSC 273 Elizabeth Jane Thompson v Andrew Chapman [2015] NSWCATCD (Unreported, 9 June 2015) Jason and Michelle Zammit trading as Zammit 's Quality Constructions v Saul Markunsky and Shereen Markunsky [2015] NSWCATCD 21 Longbottom v Boughton [2020] NSWCATAP 53 Pender v Robwenphi Pty Limited & Anor [2008] NSWSC 1144 Robinson v Harman (1848) 1 Ex.850 Stephenson v State Bank of New South Wales (1996) 39 NSWLR 101 Sullman v Sullman [2002] NSWSC 169 Urban Constructions (NSW) Pty Ltd v Brett Shearer and Bronwyn Shearer [2015] NSWCATCD 9 Texts Cited: None cited Category: Principal judgment Parties: Applicants: Danny Walsh and Kelly Walsh Respondents: Archi Lab Pty Ltd Representation: The parties were self-represented. File Number(s): HB 22/38378 & HB 23/02116 Publication restriction: Nil.